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Murray V. Accounting Center & Tax Services, Inc., et al Part

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Murray V. Accounting Center & Tax Services, Inc., et al Part 2 Case Study Questions for Analysis 1. What is a summary judgment motion? What must be proven for a successful summary judgment motion? Who has the initial burden? What is that burden? What happen when the burden shifts to other party? What is that party’s responsibility at that point? 2. Who is the assignor in this assignment? Who is the assignee? Who is the obligor? Explain. 3. The court labels the transfer of Murray’s employment and non-compete agreement from Roberts to Pinkleman as an assignment. Is the court correct or are is the transfer actually a novation? Explain. 4. The court concludes that Roberts had no duty to give notice of the assignment (if it was an assignment) to Murray? Is the court correct her? Explain 5. As we learned in Chapter 12, the law states that “a party may not delegate duties that are of a personal or professional nature.” Is that what happen in this case? Why are why not? 6. Has the assignor transferred any warranties to the assignee in this case? If not, why not? If so, what are they? 7. What are the limits that are placed in Murray in the Noncompete Agreement? 8. How does the court evaluate these limits? Are they fair or unfair? Do you agree or disagree with the court? Explain. 9. What consideration did Roberts transfer to Murray for her signature on the non-compete agreement? Is this consideration adequate? Explain. What consideration did Pinkleman promise to transfer to Murray for her signature on the noncompete agreement? Would the consideration have been adequate? Why or why not? 10. In general, noncompete agreements like the one in this case are not favored by law. Why is this so?

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Hello. Hi thankyou for helping me out. It is a case study i am having trouble. It is for today at five. it can be breif less than a page no format or references needed. Just need to answer question per the case study. Thankyou

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